Texas Attorney General Opinion: V-1201 Page: 4 of 5
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Hon. Allen Harp, page 4 (V-1201)
"We think it should be held that, when
the people by said section 1 of article 5
specifically conferred upon the Legislature
pover to enact a special law creating and
providing for the organization of the court
referred to, they intended the power to in-
clude everything necessary or proper to be
done to that end, and that one of the things
necessary and proper to be done was to pro-
vide compensation for those who were to con-
stitute the court. Of course, if that was
the intention of the makers of the Constitu-
tion, they did not intend that the inhibition
in section 56 of article 3 against special
laws regulating the affairs of counties should
be applied to the case." (224 S.V. at 796.)
The court, in Neal v. Sheppard, 209 S.V.2d 388
(Tex.Civ.App. 1948, error ref.), upheld Article 199-124,
V.C.S., a special law for the 124th Judicial District,
composed of Gregg County. Among other things, the act
authorized the appointment of assistant district attor-
neys, an investigator, and a stenographer for the Crim-
inal District Attorney of the 124th Judicial District
and fixed the salaries to be paid to each.
In view of the foregoing, it is our opinion that
Senate Bill 444, Acts 52nd Leg, 1951, does not violate
Section 56 of Article III, Constitution of Texas, and there-
fore is constitutional.
In 2 Sutherland, Statutory Construction (3rd Ed.
1943) 216, it is stated:
"Although in every case the legislative
intent should control in determining whether
a statute or some of its provisions are manda-
tory there are, nevertheless, certain forms
and certain types of statutes which generally
are considered mandatory. Unless the context
otherwise indicates the use of the word 'shall'
(except in its future tense) indicates a man-
datory intent."
In Elms v. Giles, 173 S.W.2d 264, 268 (Tex.Civ.
App. 1943, error ref. w.o.m.) the court, in construing an
act to determine whether it was mandatory or permissive,
stated;
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1201, text, July 6, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266019/m1/4/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.